CIVIC CENTER PRIORITY DEVELOPMENT AREA (PDA) RESPONSES TO COMMUNITY QUESTIONS

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1 CIVIC CENTER PRIORITY DEVELOPMENT AREA RESPONSES TO COMMUNITY QUESTIONS August 29, 2013

2 INTRODUCTION This document presents a list of questions that have been raised by the community on the topic of the Civic Center Priority Development Area (PDA), which encompasses a ½-mile radius around the planned Civic Center SMART station. The questions were formulated and finalized by a group of community members representing broad interests. The PDA topic and questions overlap with several other related topics including the ABAG/MTC-sponsored Plan Bay Area, affordable housing requirements and the Civic Center Station Area Plan. For this reason, the questions and answers have been grouped into six sections, which are listed below in the table of contents. On Friday, September 6, 2013, at 5:00pm, the City Council will hold a study session (in the City Council Chambers) to discuss the Civic Center PDA and the Civic Center Station Area Plan. Table of Contents A General Questions about Priority Development Areas 2 B General Questions about RHNA and Affordable Housing 17 C Relationship to Civic Center Station Area Plan 24 D Relationship to Plan Bay Area 40 E Implications for Retaining/Removing the Priority Development Area Status 51 F Relationship to Regional Planning and Transportation Agencies 57 August 29, 2013 Page 1

3 A. GENERAL QUESTIONS REGARDING PRIORITY DEVELOPMENT AREAS 1. What is a Priority Development Area (PDA)? Response: A Priority Development Area (PDA) is a geographic area that is close to, along, or within transit nodes and connections that can be earmarked for concentrated growth, particularly housing growth. Examples of transit nodes and connections include rail stations (e.g., SMART rail), major transportation corridors (e.g., US 101) or transit centers (Bettini Transit Center, Downtown San Rafael). A PDA is also a funding tool. The PDA was formulated by two regional agencies, Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC). The roles of these two, regional agencies are explained in Section F of this document. The PDA concept is a key component of the ABAG/MTC-sponsored Plan Bay Area, which is the Bay Area s Sustainable Communities Strategy. The roots of the Sustainable Communities Strategy are Assembly Bill 32 (AB32) and Senate Bill 375 (SB375) which require, respectfully: a) a statewide mandate to reduce greenhouse gas emissions by 2035; and b) that each region develop a Sustainable Communities Strategy which must demonstrate ways to lower greenhouse gas emissions. The Plan Bay Area is explained and described below, under Section D of this document. As a component of the Plan Bay Area, a PDA is intended to promote future growth (jobs and housing) to be concentrated in currently-developed areas of the inner-bay region, specifically around transportation networks and modes. The premise of this concept is that by promoting more concentrated growth in the currently-developed inner-bay region, it will reduce pressure for growth to continue in outward region of undeveloped, green field areas, which has been the historic pattern of growth. More concentrated growth provides greater opportunities for people to live closer to work, which results in less vehicle miles traveled, thus reducing greenhouse gas emissions. Essentially, the PDA process has been established as a funding tool. For longrange, regional planning purposes, the PDA receives a higher percentage of projected growth (because of immediate proximity to transit), in exchange for funding incentives. The details of the funding incentives are presented in responses to other questions below. The ABAG/MTC-sponsored Plan Bay Area estimates that in most Bay Area counties, 80% of the projected growth is to occur in the PDAs. By comparison, 37% of the projected Marin County housing growth to 2040 would occur in the PDAs. For Marin County, the percentage of growth assigned to the PDAs is considerably lower for several factors: a) Marin does not have the extent of public transit options and systems (e.g., BART and Cal Train) as the other counties in the inner-region; b) Marin has conserved much of the lands outside the urban corridor (West Marin) for agriculture and open space; and c) there are few areas to grow within this county. While it is the intent of a PDA to provide concentrated, higher density development, how this projected growth is planned is fully controlled by the local jurisdiction. August 29, 2013 Page 2

4 The PDA concept is not new. Essentially, a PDA mirrors the concept of transitoriented development, with mixed use and higher densities concentrated around transit. Transit-oriented development has been promoted and successfully achieved as smart growth for the past years. 2. Where are San Rafael s Priority Development Areas and how did they come about? Response: In 2006, the Association of Bay Area Governments (ABAG) began the FOCUS program, described as a regional incentive-based development and conservation strategy for the Bay Area. In the FOCUS program, local governments identify areas for a Priority Development Areas (PDA) designation. PDAs are eligible for existing and future financial assistance for planning and infrastructure improvements. As noted in the response to question #1 above, the PDA is basically a mechanism to achieve additional funding to address the local impact of regional transit projects. ABAG has made available to the nine Bay Area counties, $7.5 million to PDAs for planning grants and $10 million in additional grants in coming years. In 2008 and 2009, San Rafael submitted an application and received approval of PDA designations for Downtown San Rafael and Civic Center/North San Rafael Town Center respectively. The two PDAs surround the two, planned SMART stations. The SMART rail service is coming and will impact our local circulation system. Given the potential for funding of infrastructure improvements and necessary planning to address the impact of SMART, staff recommended applying for PDA designations for areas centered around the two proposed San Rafael SMART stations. Both areas include a mix of office, single-story and multi-story commercial, single-family and multi-family residential, and retail. The PDA designations helped make San Rafael eligible to receive additional infrastructure funding to address the impact of SMART operations and to plan for the smooth integration of the two stations into the surrounding neighborhoods. San Rafael received a grant from the Metropolitan Transportation Commission (MTC) for the development of two SMART Station Area Plans, which were completed in The planning grant helped prepare studies about needed infrastructure improvements in the station area for pedestrian and bicycle access, parking, security and other amenities, as well as land use opportunities and design guidelines. Approximately 200 PDAs have been designated in the nine Bay Area counties. At present, in Marin County, there are two designated PDAs in San Rafael (referenced above) and a planned PDA that covers some unincorporated areas along the US 101 corridor. 3. What notification and public outreach was conducted by the City during the PDA designation process? What were the legal requirements for notification? August 29, 2013 Page 3

5 Response: There was no formal notification or community outreach employed when the PDA application was presented to the City County. The City has often applied for and received MTC and ABAG funding to plan for and construct infrastructure to address regional transportation issues. As the County seat and the hub of east-west transportation from the East Bay to West Marin, San Rafael has unique infrastructure challenges that cannot be fully addressed with local funding sources. The regional bodies transportation funds (MTC and ABAG) have understood our challenges and awarded San Rafael regional funding to assist in meeting these challenges. As the City routinely applies for regional transportation funds as a matter of course, there is no notification or community outreach, and the FOCUS application followed this same course. The applications were presented in a staff report and draft resolution to the City Council and placed on a regular meeting agenda. The FOCUS applications and PDA designations do not require any formal notification or outreach. While the City s municipal code prescribes specific noticing and outreach requirements for certain and specific land use actions (e.g., property rezoning, land use permits), the PDA designation did not result in such actions that would have necessitated formal notification. The request for action on the FOCUS applications and PDA designations were scheduled for City Council review and placed on a regular meeting agenda. The City Council meeting agendas are published and posted for public review 72 hours prior to the City Council meeting. When published, the City Clerk provides a link of the City Council agenda to a long list of community members, including representatives of the Federation of San Rafael Neighborhoods and North San Rafael Coalition. 4. Why was the Civic Center/Northgate area selected as a Priority Development Area? Response: The Civic Center/Northgate area was selected as a PDA for the following reasons: a. The SMART rail service that is approved and under construction plans for a rail station at the Civic Center (specifically located under US 101 near the Civic Center Drive/McInnis Parkway intersection). As the rail station is a multi-modal commuter transit node, the area around the station is suitable for PDA designation. b. The San Rafael General Plan 2020 Circulation Element (adopted in 2004), specifically Program C-17a (SMART) states that if SMART is built, the City should plan for safe rail crossings, pedestrian/bicycle/vehicle connections, and transit-oriented high density housing. The PDA designation offers a greater opportunity for receiving grants/funds to plan for, study, and implement these recommendations. c. The Civic Center/Northgate area is home to several major employers (County of Marin, Autodesk, Sutter Health and Northgate Mall). Many employees in August 29, 2013 Page 4

6 this area commute by private vehicle to/from Northern Marin County, Sonoma County and beyond. These employees will likely benefit from and utilize the SMART rail service for commuting. The PDA designation offers a first priority opportunity for federal, state and other grants/funds, which would assist in funding the transportation network improvements on and around the SMART station to tie to employment centers. d. The Civic Center/Northgate area offers a number of opportunity sites for potential housing development. The PDA designation offers an opportunity to plan for higher density housing around and in close proximity to this train station, which would provide local housing options for those employed in this area. SMART will arrive in 2014 in this area and it will impact our local circulation network. As a funding source, the PDA designation presents an opportunity for increased access to funds and grants to prepare for the operation of the rail service. 5. What alternatives to a PDA were analyzed when the City decided to designate the Civic Center PDA? Is a PDA voluntary? Response: There were no alternatives to a PDA designation that were analyzed by the City Council when the matter was presented to the Council for action. The June 15, 2009 City Council staff report provides a brief summary of the PDA designation and FOCUS program. It is very apparent in this report that the primary purpose for seeking this designation was to take advantage of potential funding opportunities (for planning and infrastructure improvements) that are eligible for PDAs. The arrival of SMART will impact our local circulation network; therefore, it was prudent to seek out funding opportunities to prepare for SMART. Because the PDA designation offers a source of funding, there would be no reason to study alternatives to warrant this action. The staff report states: The PDA designation will help make San Rafael eligible to receive a station area planning grant for the new Civic Center SMART station. The planning grant would study needed infrastructure improvements for bicycle and pedestrian access, parking, security and other amenities, as well as land use opportunities and design guidelines. Following the designation of the Civic Center PDA, the City applied for and received a $140,000 grant to prepare the Civic Center Station Area Plan. The designation of a PDA is voluntary. Local jurisdictions are not required to designate areas for PDA status. As discussed above, in 2007, the FOCUS process was developed by ABAG/MTC for local agencies to apply for PDA status. 6. What are the benefits that are offered to a Priority Development Area? What are the obligations of a PDA designation for an area? August 29, 2013 Page 5

7 Response: Per the ABAG/MTC-sponsored Plan Bay Area, the benefits of a PDA designation are: a) a greater opportunity for funds and grants to implement transportation and land use projects to address the local impact of a regional transit project; and b) the potential for development projects within the PDA to qualify for a more streamlined environmental review process ( CEQA streamlining ). Specifically: a. For the North Bay, 50% of the funds/grants that are made available on a countywide level are earmarked for PDAs and projects that are contiguous and feed into the PDAs. The remaining 50% of the funds/grants are set aside for all other projects throughout the County that are located outside of a PDA. So, simply stated, transportation projects within a PDA have less competition, and are given higher, essentially first priority to receive such funds/grants. b. Streamlining the environmental review process for a development project located within a PDA is intended to provide an incentive to local jurisdictions. However, it is not mandatory for a local jurisdiction to exercise or offer such streamlining. Last year, $10 million in One Bay Area (OBAG) funding was made available to Marin County. The Transportation Authority of Marin distributed these funds among a number of transportation and planning projects within Marin. Projects within and contiguous to (linked by transportation network) were allocated 50% of the net funding. PDA Planning funding is anticipated to become available in the next year, which would be exclusively available to PDAs. There are no tangible obligations when committing to a PDA designation. While the intent of the PDA designation is to plan for higher density and more concentrated development within PDAs, how this is achieved is at the discretion of each local jurisdiction. As discussed below (under Section D), while the Plan Bay Area includes 2040 jobs and housing growth projections for PDAs, local jurisdictions are not required to plan or zone for this growth, nor obligated or required to build high density affordable housing within the designated PDA. 7. How is a Priority Development Area related to the Plan Bay Area, which has been sponsored and prepared by the regional agencies of ABAG and MTC? Response: As explained in the response to question #1 above, the PDA concept is one of the key elements of the Plan Bay Area. As discussed under Section D below, the Plan Bay Area serves as the region s Sustainable Communities Strategy, which is required by State law (SB375). The Sustainable Communities Strategy is one of a number of tools that are required to be implemented to reduce the regions greenhouse gas emissions by 2035 (mandate of Assembly Bill 32, California Global Warming Solutions Act). The premise of the PDA concept is to promote the concentration of future growth in the inner- Bay Area, specifically around transit networks and centers so that there is less pressure to continue growth to the outer regions. By concentrating future jobs and housing growth in the inner-bay Area, it provides the future population with an opportunity to reside and work in close proximity with access to public August 29, 2013 Page 6

8 transportation, which would result in fewer vehicle trips, thus reducing greenhouse gas emissions. 8. The Civic Center PDA is designated or in the place type of Transit Town Center. What is this designation or place type, and is it appropriate for this PDA? Response: As discussed above, in 2006, the Metropolitan Transportation Commission (MTC) launched the Focusing our Vision Program (FOCUS). The FOCUS program was developed for local jurisdictions to apply for and designate a PDA. The FOCUS program included the development of a guide to designating and planning PDAs. This guide, which is entitled, Station Area Plan Manual (prepared by the Metropolitan Transportation Commission, October 18, 2007) identifies different types of PDAs, which are referred to as place types. As a PDA designation is offered to local jurisdictions throughout the region, the place types are intended to describe the different types of PDAs based on geographic conditions and area characteristics that vary throughout the region. The PDA place types that are described in this guide range from very urban (e.g., Downtown San Francisco and Oakland) to suburban/semi-rural (e.g. Windsor). When a PDA application is filed by a local jurisdiction, a place type must be identified that is suitable to the conditions and environment of the area being designated. The Transit Town Center place type was identified by City staff as being the most appropriate and applicable for the Civic Center PDA. The manual describes the Transit Town Center place type as follows: Transit Town Centers are more local-serving centers of economic and community activity than Civic Centers and Suburban Centers [both PDA place types] and attract fewer users from the greater region. A variety of transit options serve Transit Town Centers, with a mix of origin and destination trips, focusing primarily on commuter service to jobs in the greater region, with a lesser degree of secondary transit service than in other centers. Residential density around Transit Town Centers is usually lower than larger centers but there is still a mix of single- and multi-family residential, with a mix of retail, smaller-scale employment and civic uses. Intensities in the Transit Town Centers are usually noticeably greater within ¼-mile of the transit station than within the ½-mile radius. Examples of Transit Town Centers are Hercules waterfront, Suisun City, Napa and Livermore. Second, the guide includes other area characteristics that are suitable to define a PDA in the Transit Town Center place type, which include the following: Area is a local center of economic and community activity Area provides commuter rail, local/regional bus hub Area provides a moderate-density mix of residential, commercial, employment and civic/cultural uses Area provides community-serving and destination retail opportunity August 29, 2013 Page 7

9 Third, the guide includes a list of development guidelines for each place type. For Transit Town Centers, the guidelines include: New housing development should contain a mix of mid-rise, lowrise townhomes, small lot single family A target range of 3,000-7,500 housing units+ A target range of 2,000-7,500 jobs+ A net residential project density of dwelling units per acre (note: this is net, not gross density, which is lower Minimum non-residential floor area ratio (ratio of building area to land area) of = Existing development + projected growth The place types presented in the guidelines are not a perfect fit for every community. However, at the time the PDA designation was made, it was determined that the Transit Town Center place type was appropriate for the Civic Center PDA because the characteristics of the Civic Center and Northgate area were the most representative of the characteristics defined in this place type. It is important to clarify/note that the target range described for each place type represents existing housing units plus projected growth (range of 3,000-7,000 units). The Civic Center Station PDA currently has 1,056 developed housing units (source: San Rafael Civic Center Station Area Plan Background Report, January 2011). At the time of designation, the City was yet to study the traffic implications of the PDA. When the Civic Center Station Area Plan was subsequently prepared, traffic modeling was completed assuming more robust growth, which demonstrated that the traffic system could not accommodate this growth (even with factoring in the major, planned transportation improvements identified in the San Rafael General Plan 2020). Ultimately, the Civic Center Station Area Plan represented maintaining the same level of projected land use capacity as the adopted San Rafael General Plan 2020, which is 620 additional housing units for the area, forecast over a year timeframe. Since the 2004 adoption of the General Plan, except for a small number of second dwelling units, there have been no housing units approved or built within the boundaries of this PDA. Regarding a possible change in place type for this PDA, please see Section E, question #5. 9. Is increased crime associated with PDA development? Response: The premise of PDAs is to locate housing (and jobs) closer to transit so as to reduce vehicle miles traveled and thus reduce greenhouse gas emissions. The PDA concept mirrors transit-oriented development, for which there are many examples throughout the Bay Area. City staff has not unearthed any studies that equate additional crime with housing located near transit or transit-oriented development. The San Rafael General Plan 2020 also supports locating housing near transportation corridors and transit stations. August 29, 2013 Page 8

10 The question appears to be inquiring about the correlation between crime and higher density housing. Staff has not found any studies that have shown any relationship between population or housing density and violent crime rates; once residents' incomes are taken into account, the effect of density on non-violent crime decreases to non-significance. San Rafael has many different types of housing and housing densities, including housing developments that are built at or above 30 units to the acre. These include Lone Palm, One H Street, Centertown, San Rafael Commons, Boyd Court, and Drakes Terrace. For additional information on other residential project examples, see Section B, response to question #10. The San Rafael Police Department has not reported any increased calls for service in this type of housing. The City of San Rafael has over 1,100 units owned and operated by nonprofit housing organizations and an additional 300+ affordable units in private developments. The San Rafael Police Department has not reported any increased or additional crime in the units owned by nonprofit housing organizations in comparison to other housing in the City. Sources: pdf 10. Is there any available information on how the presence of a PDA could affect property values? Response: As stated in the response to other questions, a PDA is essentially the same concept as transit-oriented development ( TOD ). TOD areas are defined as moderate- to higher-density development located within an easy walk of a transit stop. So, for the purpose of responding to the question, City staff has turned to information that is available on TODs. In Northern California, TODs have been developed in areas near major transit systems including BART, MUNI and Cal Train. In 2008, the Minetta Transportation Institute, based in San Jose, completed a study of the impact of TOD s on single-family home prices. The study selected areas with the following criteria: Suburban location Substantial single family residences within one-half mile radius of the TOD Good mix of uses, including residential, office and/or commercial within the TOD All or a major portion of the TOD built Four areas were chosen; San Jose, Pleasant Hill, Downtown Hayward and San Mateo. The study found that the Ohlone Chynoweth TOD in San Jose had a positive impact on the surrounding single-family home prices. The study quantified this positive effect to be an average increase in the sales price of the home of $10,150 with every 100-foot decrease in the distance to the TOD. The August 29, 2013 Page 9

11 average sales prices of homes in that area were $660,000, so the TOD increased value by about 1.5%. The remaining three TOD s did not have any effect-positive or negative- on the prices of surrounding single family homes. Coldwell Banker studied the impact of the Mission Meridian Transit Village in South Pasadena. Their study found that sales prices in the transit village were $100,000-$300,000 higher than the rest of the City during the period from 2006, when the light rail started, to Is there evidence that concentrated development in a PDA reduces traffic and highway congestion? Have there been any studies or special traffic generation rates developed that is unique to transit-oriented development? Response: Yes, there is evidence that concentrated development placed near transit reduces traffic generation. As explained throughout this document, a PDA mirrors the concept of transit-oriented development (TOD), which has been promoted as smart growth for the past 20 years. Many cities throughout the country have planned for concentrated growth around transit and there are numerous examples of higher density and mixed-use projects that have been built and proven to reduce traffic generation, result in increased transit usage and have a lower demand for parking. Numerous studies have been conducted which support this conclusion. When preparing traffic studies on development projects, traffic engineers typically rely on the Institute of Transportation Engineers Trip Generation Manual. The ITE manual provides trip generation rates for every type of land use. The trip generation rates are based on surveys of actual development projects and the rates are used as a base for preparing traffic studies on development projects. The ITE manual includes trip generation surveys for mixed-use projects but what is typically employed in San Rafael when studying traffic for such projects is an individual assessment of each use in the project (as it provides a more conservative approach). However, as transit-oriented development has been a common planning and development practice in recent years, there has been focus on studying the unique traffic generation characteristics of this type of development. In fact, the transportation engineering firm of Fehr & Peers has done extensive research on this topic and has developed (based on surveys of TODs), an alternative trip generation model (referred to as MDX ) that factors in transit proximity and availability of services., which support a lower trip generation than the ITE manual. This model is based on case studies of TOD projects in, among others, Portland, Oregon and Bay Street in Emeryville. Albeit more urban settings with access to more active/robust transit than the San Rafael Civic Center area, the case studies show that a mix of more concentrated, residential development coupled with supporting commercial services near transit reduces trip generation. These findings are published in Getting Trip Generation Right- Eliminating the Bias Against Mixed-Use Development, by Jerry Waters, Brian Bochner and Reid Ewing, transportation engineers (APA, 2013). Based on August 29, 2013 Page 10

12 a study of 27 mixed-use development sites throughout the US, the publication reports: a. On average, the land uses in a mixed-use development would generate 49% more traffic if they were distributed among single-use sites in suburban settings. b. The current mixed-use trip generation rate that is published in the ITE Trip Generation Manual overestimates peak hour traffic by an average of 35%. These findings are based on a combination of factors (referred to as the D Variables ), that include, among others, density (higher densities shorten trip lengths), diversity of uses (including destination uses such as places of employment and local-serving retail) and demographics. This model has been approved for use by the EPA, peer-reviewed in the ASCE Journal of Urban Planning and Development and is even recommended for use on mixed-use transit-oriented development projects by SANDAG (San Diego Area Government). According to Fehr & Peers, the model has been successfully used in the preparation of Environmental Impact Reports (EIR) throughout the State. City staff consulted with Fehr & Peers on whether a TOD reduces highway congestion. Fehr & Peers responded that the claim that TODs reduce traffic congestion is not black-and-white; it depends upon the circumstances. Of course if more development is added to an area, more traffic congestion would result from this additional development. However, Fehr & Peers noted that if this same development is placed in an area that is less transit-oriented, then yes, a TOD would reduce traffic levels, thus reduce congestion. 12. Is there evidence that concentrated development in a PDA reduces greenhouse gas emissions? Response: As discussed above, essentially, a PDA mirrors the concept of transit-oriented development, with mixed use and higher densities concentrated around transit. Please see Section D, response to question #14 which addresses greenhouse gas emissions associated with transit-oriented development. 13. Who supports Priority Development Areas (PDA) and why? Response: PDAs are part of a planning effort to reach the greenhouse gas emissions reduction goal mandated by Assembly Bill 32 (AB32). In 2006, the Legislature passed and Governor Schwarzenegger signed AB 32, the Global Warming Solutions Act of 2006, which set the 2020 greenhouse gas emissions reduction goal into law. In 2008, SB 375, the Sustainable Communities and Climate Protection Act, was signed to enhance California's ability to reach its AB32 goals by promoting good planning with the goal of more sustainable communities. August 29, 2013 Page 11

13 Each of California s metropolitan planning organizations (ABAG and MTC in the Bay Area) are required to prepare a "sustainable communities strategy (SCS) that demonstrates how the region will meet its greenhouse gas reduction target through integrated land use, housing and transportation planning. PDAs are locally designated by resolution of the City Council. The San Rafael Chamber of Commerce and Sustainable San Rafael have indicated support of PDAs. In addition, the City has had long-standing policies supporting transit-oriented development. Transit-oriented development was endorsed in the former General Plan 2000 (1988) and currently-adopted San Rafael General Plan 2020 (2004); both plans were developed by citizen-based steering committees and involved stakeholders throughout the planning process. Sources: How does the current zoning differ from the PDA? Response: There is no zoning associated with a PDA designation. A PDA is a designation that allows a local jurisdiction to apply for additional funding to address the local impact of regional transit such as SMART, or a specific area around transit. As explained below under Section D addressing Plan Bay Area questions, a PDA is assigned a percentage of projected housing and job growth (through 2040). The 2040 growth identified in the Plan Bay Area represents projections for additional residential units and number of jobs. However, the Plan Bay Area does not assign this growth to any specific sites within a PDA, does not mandate that sites within the PDA be re-zoned to accommodate this growth, nor does it require that high density affordable housing be built. Local jurisdictions have full discretion to plan for and/or rezone properties to plan for the projected growth for the PDA. The current zoning of properties within the Civic Center PDA has not changed or been amended as a result of the PDA designation. As discussed below under the section of questions pertaining to the Civic Center Station Area Plan, this Plan recommends changes to the San Rafael General Plan and property zoning to specific properties, which would promote more housing within this area. However, any initiative to change the zoning of properties (or General Plan amendments) would require detailed study, environmental review, as well as a public review and public hearing process. 15. Will the PDA designation result in more development of housing and commercial development in the area than without the designation? Response: Not necessarily. The intent and purpose of a PDA is to promote more concentrated and focus growth (more housing and commercial development) within a geographic area than if the area were not designated as a August 29, 2013 Page 12

14 PDA. However, unless there are major changes in City transportation/traffic policies (major amendments to the General Plan) and changes to the zoning of properties, the Civic Center PDA designation would not result in the development of more housing and commercial use for jobs than without the PDA for the following reasons: a. While the Plan Bay Area provides higher 2040 jobs and housing growth projections for PDAs, there is no mandate under SB375 or Plan Bay Area that this growth be planned or zoned by the local jurisdiction. Further, there is no mandate or certainty that the extent of housing or commercial use for jobs envisioned by the projections of the Plan Bay Area will be built. b. The feasibility of additional growth for jobs and housing was studied in the Civic Center Station Area Plan. The initial traffic modeling that was completed for the Civic Center Station Area Plan studied the potential impacts of additional growth within this area considering two scenarios: 1) the addition of 862 housing units; and 2) the addition of up to 1,400 housing units. The model results for both scenarios demonstrated that the circulation system would fail, even with the implementation of the planned transportation improvements included in the San Rafael General Plan The study for this Plan concluded that even with the construction of the planned transportation improvements recommended in the General Plan, the area can accommodate only the growth already assumed in the General Plan. The land use capacity for the Civic Center PDA in the General Plan is 620 housing units and 280,000 square feet of office/commercial use. This capacity represents the upper limit of additional development within this area (forecast over the year General Plan timeframe) in order to maintain the City-adopted traffic service levels at local intersections and arterials. In fact, the growth represented in this land use capacity cannot occur unless the planned transportation improvements are fully funded and scheduled to be built. One of the key transportation improvements is the reconstruction of the Freitas Interchange, which is estimated at a cost of $14 million. For this reason, the Civic Center Station Area Plan, which essentially represents the Civic Center PDA held to the land use capacity of the currently adopted San Rafael General Plan This land use capacity would continue to provide a safeguard for managing local traffic conditions with or without the PDA designation. Even though a local jurisdiction has control over and implements the planning and zoning of an area, actual development and construction is dictated by the market. Local jurisdictions (cities and counties) are not property developers. Local government is not required to build the housing units but is required to provide the regulatory framework, generally zoning, that will allow the private sector to build the units that are necessary to address the needs of each income category. 16. If the PDA designation were to be retained, what level of housing density would the City be obligated to plan for in this area? Where is the housing planned? Would the density be more spread out without the PDA? August 29, 2013 Page 13

15 Response: The PDA designation does not obligate or mandate that a local jurisdiction plan for or build a specific level of housing density. As discussed above, the PDA designation is linked to Plan Bay Area, which includes 2040 jobs and housing growth projections. See Section D (Relationship to Plan Bay Area), question 5, which presents these growth projections. While it is the intent of a PDA to provide concentrated, higher density development, how this is planned is fully controlled by the local jurisdiction. The Civic Center Station Area Plan, which represents that same geographic area of the Civic Center PDA makes a number of recommendations to a handful of sites that would allow for an increased amount of housing development within this area. See Section C (Relationship to Civic Center Station Area Plan), questions #9 and #10, which list the areas/sites recommended for additional housing. However, at this time, no changes have been made to the San Rafael General Plan 2020 or property zoning that authorize this additional development. In response to the second part of this question, if there were no PDA designation for the Civic Center area, the Plan Bay Area 2040 jobs and housing growth projections for this area would be re-distributed to other areas of San Rafael and/or throughout Marin County. 17. If the PDA designation is to be removed or eliminated, will the City still able to do some long-range planning within this area to address housing? Response: Yes, but with financial limitations. The removal or elimination of the PDA designation has no impact or influence on future study of this area for housing. The San Rafael General Plan 2020 already identifies housing opportunity sites within the geographic area of the Civic Center PDA, which will continue to be considered and studied. Nonetheless, the opportunity to fund long-range planning studies for this area, and ultimately transportation and infrastructure improvements, would be significantly reduced if the PDA designation is eliminated. In the past, the City has wisely used outside funding sources (other than the City s general fund), to cover or subsidize long-range planning studies. The elimination of the PDA designation would eliminate the opportunity to secure outside sources such as OBAG (One Bay Area) and other ABAG and MTC grants that are earmarked solely for PDAs. 18. What is transit-oriented development (TOD) and does the City support this concept and why? Response: Transit-oriented development (TOD) is development along transit corridors composed of compact neighborhoods that include housing, jobs, shopping, community services, and recreational opportunities within one-half mile walking distance of a major transit station. The City s General Plan 2000, General Plan 2020 and zoning ordinance encourages housing and mixed-use development along the city s transit corridors. The following programs from the General Plan 2020 supports transit-oriented development: August 29, 2013 Page 14

16 NH-88. Sonoma Marin Area Rail Transit (SMART) Station. If rail service is initiated, support construction of a Civic Center SMART station. Encourage a plan that provides high density housing, bus transit connections, a parking lot, and incorporates pedestrian facilities and bicycle access (including bike storage facilities) consistent with the San Rafael Bike and Pedestrian Master Plan. NH-88a. Transit-Oriented Development. Work with SMART, Marin County, Golden Gate Bridge Transit District and other transit providers to prepare a site-specific design for a transit-oriented development with housing in the vicinity of the rail station. Transit-oriented development is supported because it supports a mix of residential and non-residential uses in one area around or accessible to transit, which promotes more walkable living and less reliance on vehicle travel. 19. Is the PDA concept an effective way to meet the goals of SB375? Response: Yes, the State Legislature, ABAG and MTC have determined that the PDA concept provides a way to reduce vehicle miles traveled, thus reducing greenhouse gas emissions, which is the goal of SB 375. In 2008, Governor Schwarzenegger signed Senate Bill 375 (SB 375), which promoted a direct linkage of regional transportation plans (RTP) with the statewide goals to reduce greenhouse gas (GHG) emissions. SB 375 requires that the metropolitan transportation organizations of each region of the state (MTC is the transportation agency for the Bay Area region) develop a Sustainable Communities Strategy (SCS). The goal of the SCS is to reach a greenhouse gas (GHG) reduction target for each region. The target for the Bay Area is a seven percent (7%) greenhouse gas reduction per capita by 2020 and a 15% reduction per capita by The primary contributor to GHG impacts is emissions from fossil-fueled vehicles. Therefore, the greatest effort to reach this target is to develop ways to reduce the amount of vehicle miles traveled, such as planning for more transit and housing and jobs that can be concentrated in the urban/developed areas and around or near transit. By concentrating future growth around or near transit, there are increased opportunities for the population to live closer to work and to use available transit rather than their personal vehicles. The end result is a reduction in vehicle miles traveled. As discussed below under Section D, the Plan Bay Area serves as the region s SCS. A key component of the Plan Bay Area is the PDA, which, as discussed throughout this FAQ list, promotes concentrating this future growth in the inner, developed areas of the region. There are approximately 200 PDAs throughout the Bay Area region. An Environmental Impact Report was prepared for the Plan Bay Area, which includes an assessment of alternatives to the Plan. The Alternative Analysis section of the Plan Bay Area Draft Environmental Impact Report (Draft EIR Chapter 3.1) can be accessed at The EIR August 29, 2013 Page 15

17 concludes that the PDA concept, as applied to the region, will reduce GHG emissions by 9% per capita by Coupled with several other Plan Bay Area strategies, the 15% reduction would be met. Therefore, the PDA concept is expected to meet the goals of SB Are there any case studies of PDAs in communities similar to San Rafael and what lessons were learned? Response: A priority development area ( PDA ) is the same concept as Transit Oriented Development ( TOD ). TOD areas are defined as moderate to higherdensity development located within an easy walk of a transit stop. In Northern California, TOD has been used in areas near major transit systems including BART, MUNI and Cal Train. Members of San Rafael s citizen s advisory groups for the Downtown and Civic Center Stations started their work with a bus tour of TOD s in San Francisco (West Portal Station), Oakland (Rockridge Station), Redwood City and Palo Alto. These areas represented TOD s with three different transit systems; MUNI, BART, and Cal Train. Each TOD area reflected the particular characteristics of the local neighborhood. The San Rafael committee found the TOD areas to be active and lively with a good mix of interesting shops and restaurants and well maintained housing within walking distance of the transit station. In West Portal and Rockridge, the shopping areas were right outside the transit gates. In Redwood City and Palo Alto, the shopping areas were a little farther away but still within walking distance to the station. There have been quite a few studies of the factors necessary for successful TOD implementation. Here are a few examples: ort_tod_national_examples content/uploads/2010/01/urban_centers_and- TOD.Analysis_of_Barriers_and_Solutions.UW_September_2009.pdf planning-for-tod-at-the-regional-scale/ What is the relationship between Metropolitan Transportation Commission (MTC) Resolution #3434 and the PDA designation? Response: MTC Resolution #3434 is a Transit-Oriented Development Policy for Regional Transit Expansion Projects and is linked to funding for Sonoma Marin Area Rail Transit (SMART) and can affect regional transportation funding to the transit agency. There is no direct relationship between MTC Resolution #3434 and the PDA designation. MTC Resolution #3434 is not linked to any funding sources for the City of San Rafael and includes no mandates or requirements for the City. The City of San Rafael applied for the PDA designation to be eligible for funding to August 29, 2013 Page 16

18 address the impact of SMART operations on City streets. The MTC Resolution and the PDA designation both use a ½-mile radius around the SMART station for a boundary. For more information about MTC Resolution #3434, please visit: Are there conditions ( springs attached ) to the additional grants and funds that are provided to PDAs? Response: According to ABAG staff, there are no springs attached to the funding or grants that are provided for a project that is within a PDA. While the expectation of a PDA is to plan for increased, more concentrated development around/near transit, there is no obligation to produce, plan or zone areas or properties for housing in order to receive grants or funds for projects within a PDA. As a PDA-designated area, the City received a grant through the Metropolitan Transportation Commission (MTC) to prepare the Civic Center Station Area Plan. Staff reviewed the scope and terms of the agreement between MTC and the City, which authorized the funding of this Plan (City Council Resolution 12948, May 3, 2010; and MTC Funding Agreement, June 30, 2010). The agreement includes a scope of work that, for the most part addresses station access and connectivity, but also includes Design guidelines and zoning recommendations to maximize housing potential. The terms of this agreement do not include any obligations or requirements for zoning actions or development of housing. The terms of the agreement, which trigger the final release of grant dollars, requires that the City submit a Final Station Area Plan and City Council resolution accepting the Station Area Plan. B. GENERAL QUESTIONS ABOUT RHNA AND AFFORDABLE HOUSING 1. What is RHNA (Regional Housing Need Allocation)? How is RHNA connected to the PDA? Response: RHNA is the state-mandated housing allocation that is provided to each local jurisdiction, which is required to be addressed in the Housing Elements of local General Plans. The RHNA is distributed citywide and there is no allocation that is applied or assigned to PDAs. Therefore, there is no connection or relationship between RHNA and a PDA designation. The PDA designation allows the City to apply for funds and grants for infrastructure and planning to ultimately address the impact of SMART. While the Plan Bay Area has identified 2040 jobs and housing growth projections to designated PDAs, this has no bearing on or relationship with RHNA. The 2040 jobs and housing projections are not a mandate. The State of California established a requirement for each City and County to adopt a comprehensive long term general plan for the physical development of the City or County. In 1969, the Housing Element was added as one of the August 29, 2013 Page 17

19 mandated elements. Since that time, each community is required to adequately plan to meet the existing and projected housing needs of all economic segments of the community. The State recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development. The State of California Department of Housing and Community Development (HCD) reviews local Housing Elements for compliance with State law. Pursuant to Government Code (GC) applicable to the RHNA process, HCD is required to determine the RHNA, by income category, for each region (e.g., the Bay Area). The RHNA is then distributed to the designated Council of Governments (COGs) for the region. The Association of Bay Area Governments ( ABAG ) is the COG for the nine bay area counties, which includes Marin. It is the job of ABAG to take the RHNA and distribute it among the local jurisdictions in the nine Bay Area counties. See Section F of this document, which describes ABAG s role as a COG. RHNA is based on Department of Finance population projections and regional population forecasts used in preparing regional transportation plans. COGs are required to allocate to each locality a share of housing need totaling the RHNA for each income category. Pursuant to GC 65583, local jurisdictions are required to update their Housing Element to plan to accommodate its entire RHNA share by income category. It should be noted that the State recognizes that cities and counties are not property developers. Local government is not required to build, fund, own or operate the housing units, but is required to provide the regulatory framework, generally zoning, that will allow the private sector to build the units that are necessary to address the needs of each income category. Cities and counties are required to provide adequately zoned sites to meet the RHNA allocation. There is no requirement in State Law to meet the PDA numbers. 2. Has the City s Housing Element complied with RHNA in the past? Response: Yes, the City of San Rafael has an adopted and certified Housing Element which demonstrates compliance with the RHNA. For San Rafael, the RHNA numbers for State Planning cycle are 1,403 units. The units are broken down as follows: Very low income Low income Moderate income Above moderate The City s Housing Element has demonstrated, to the acceptance of the State Department of Housing and Community Development (HCD), that there are suitable sites zoned within the City to accommodate/meet the RHNA and meet our community needs for housing of all types. Since 1981, the City has August 29, 2013 Page 18

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